Bill Text: MI HB5488 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Juveniles; criminal procedure; juvenile competency evaluation; require use of a qualified examiner. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 18o to ch. XIIA. TIE BAR WITH: HB 5484'09, HB 5485'09, HB 5486'09, HB 5487'09, HB 5489'09

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced - Dead) 2010-06-09 - Referred To Second Reading [HB5488 Detail]

Download: Michigan-2009-HB5488-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5488

 

September 29, 2009, Introduced by Reps. Bauer, Haase, Segal, Lipton, Byrnes, Crawford, Liss and Kowall and referred to the Committee on Judiciary.

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

(MCL 710.21 to 712A.32) by adding section 18o to chapter XIIA.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                             CHAPTER XIIA

 

     Sec. 18o. (1) A competency evaluation ordered under section 18n

 

of this chapter shall be conducted by a qualified examiner. The

 

qualified examiner shall make a finding as to whether the juvenile is

 

competent to proceed. The court has the final determination as to who

 

is a qualified examiner.

 

     (2) This section does not prohibit any party from retaining the

 

party's own qualified examiner to conduct additional evaluations at

 

the party's own expense.

 

     (3) The competency evaluation shall be conducted in the least

 

restrictive environment. There is a presumption in favor of

 

conducting a competency evaluation while the juvenile remains in the

 

custody of a parent or legal guardian, unless removal from the home

 

is necessary for the best interests of the juvenile, for reasons of

 

public safety, or because the parent or guardian has refused to

 

cooperate in the competency evaluation process.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. ____ or House Bill No. 5485(request no.

 

04134'09).

 

     (b) Senate Bill No. ____ or House Bill No. 5487(request no.

 

04135'09).

 

     (c) Senate Bill No. ____ or House Bill No. 5489(request no.

 

04137'09).

 

     (d) Senate Bill No. ____ or House Bill No. 5486(request no.

 

04138'09).

 

     (e) Senate Bill No. ____ or House Bill No. 5484(request no.

 

04139'09).